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<br />13 <br /> <br />• At the option of the City, allow the public to search and view the database and complete <br />list of electronic filings (with addresses and bank account information, if applicable, <br />redacted) via the Internet. <br />• At the option of the City, allow the public to search and view the database and complete <br />electronic filings (without addresses and bank account information redacted) on kiosk <br />provided by the City located in office. <br />• Have sufficient back-up hardware and/or software and/or policies and procedures to <br />ensure that data under the control of NetFile, relative to this Agreement, is not <br />irretrievably lost or destroyed. <br /> <br />3. NetFile will also: <br /> <br />• Provide unlimited support to the City staff by email or phone during NetFile’s normal <br />working business hours. <br /> <br />4. All intellectual property, including existing source code or additional source code written <br />for the purpose of developing this system for the City, will be the sole property of NetFile. <br />If NetFile were to cease operations during the contractual period, NetFile would provide to <br />the City all source code relative to the City’s system. <br /> <br />D. Performance Standards <br /> <br />Performance standards are based upon providing deliverables according to the timeline for <br />performance as determined by Project Manager (City Clerk), and whether the system meets the <br />expected outcome in terms of timeliness and functionality. NetFile servers have a guaranteed <br />uptime of 99%. <br /> <br />LIMITATION OF LIABILITY <br /> <br />The maximum liability to the City by NetFile and its licensors, if any, under this agreement, or <br />arising out of any claim by the City related to NetFile’s services, products, equipment or <br />software for direct damages, whether in contract, tort or otherwise, shall be limited to the total <br />amount of fees received during the last 12 months by NetFile from the City hereunder up to the <br />time the cause of action giving rise to such liability occurred. In no event shall NetFile or its <br />licensors be liable to the City for any indirect, incidental, consequential, or special damages <br />related to the use of NetFile’s services, products, equipment or software or NetFile’s failure to <br />perform its obligations under this agreement, even if advised of the possibility of such damages, <br />regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril <br />or exposure insured against under the insurance required pursuant to Exhibit B, the limits of <br />liability to City by NetFile shall not be less than the amount of applicable, valid, and collectible <br />insurance set forth in Exhibit B. <br />